FREEDOM OF SPEECH: BALANCING THE RIGHT WITH SOCIETAL INTERESTS AND PROTECTING AGAINST HATE SPEECH

ABSTRACT

Freedom of speech, enshrined in Article 19(1) (a) of the Indian Constitution, is a cornerstone of a democratic society, enabling citizens to express opinions, critique authorities, and engage in meaningful public discourse. However, this right is not absolute; Article 19(2) allows for reasonable restrictions to protect sovereignty, public order, decency, and morality. In recent years, the rise of hate speech has posed serious challenges to maintaining this balances, threatening social harmony and individual dignity. This paper critically examines the fine line between legitimate free expression and hate speech in India. It explores constitutional and statutory frameworks, key judicial pronouncements, and comparative international perspectives. Further, it evaluates whether existing laws sufficiently address the complexities of hate speech or if there is a need for dedicated legislation. Finally, the paper proposes recommendations for clearer legal definitions, consistent enforcement, and educational initiatives to protect both freedom of expression and societal interests, thereby strengthening India’s democratic fabric.

Keywords: Freedom of speech, Article 19(1) (a), hate speech, reasonable restrictions, Indian Constitution, judicial decisions, 267th Law Commission Report, laws limiting hate speech, recommendations.

Publication date and year: 13th June, 2024

DOI Link:

Freedom of Speech: Balancing the Right with Societal Interests and Protecting against Hate.

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Preferred Citation: Soha Afreen, FREEDOM OF SPEECH: BALANCING THE RIGHT WITH SOCIETAL INTERESTS AND PROTECTING AGAINST HATE SPEECH, Journal of Unique Laws an Students ISSN:2583-1607, pg. 34 to 49 Vol. III-II, (2025).

* Final year, B.A. LL.B at Christ Academy Institute of Law, Bangalore, available at: sohaafreen24@gmail.com.